Key bit of language there. The bike types are insisting that the path be in the RR r/w. The language simply says that there must be a path linking the stations - not that it must be in the RR r/w. Sounds like splitting hairs, but it isn't if there's a reasonable routing that isn't right there with the tracks. So if SMART includes a reasonable bike path in its planning documents linking the stations, with a reasonable schedule considering funding etc., they could probably convince a court not to stop everything. Of course, it's Marin, so any bets on a reasonable conclusion to an expensive court battle are only for suckers.